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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex partner Un married and I of 16 years have seperated we

Customer Question

My ex partner Un married and I of 16 years have seperated we have two children I own a horse yard with my mum my ex has done work on it does he have any rights to the yard also I have a share in a few acre field his children also have a share in it what rights does he have to any of it?. Thanks for any advise
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Has he suffered any financial disadvantage as a result of which you have enjoyed a financial advantage?
Customer: replied 2 years ago.
He has put no money into it as the yard paid for all materials but he did put his time into it we also have a house in a joint ownership witch he wants me to sell as he has moved out
Expert:  JGM replied 2 years ago.
He has no right to any property to which he doesn't have title.

He may have a financial claim for his labour if the earning capacity or capital value of the horse yard has been increased because of his efforts.

He can insist on the sale of a jointly owned house if you don't buy him out.

Happy to discuss further.
Customer: replied 2 years ago.
Thank you so far
Our children are 7 and 14 and live in the house am I right thinking I can stay here till they leave full time education. I am trying to bye him out with my new partner but it will take at least 6months till we are in a position to do so.
I own half the yard and if is 5 acres and my mum owns the other half there is no paperwork showing he has worked on the yard at all. We did borrow 10k off a friend cash witch can't be traced and we paid it back together though our joint account!
Expert:  JGM replied 2 years ago.
No it is not correct that you can stay in the house until the children leave full time education. There is no law in Scotland to that effect.

It would be a matter of evidence of the extent to which he worked on the yard. If there is no paperwork then it would be according to the evidence of witnesses.
Customer: replied 2 years ago.
We live in Wiltshire England is it still the same law as I have been told different
There is no profit from the yard if just pays for my and is daughters horse there is no profit
Expert:  JGM replied 2 years ago.
Your question was posted to the Scots law site. I have no idea why if you are seeking an answer to an English law question. I will transfer you to the right section and an English lawyer will help you. Do not reply to this post or it will come back to Scots law.
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How much is the yard worth?
Clare
Customer: replied 2 years ago.
The house is part rent part bye and is worth 245k and we owe about 91k. The yard was worth about 80k a few years ago but is not in his name it's in my mums and my name
Thanks for your help
Expert:  Clare replied 2 years ago.
Hi
Is it your share of the property that is worth £245K - if not what percentage do you own.
How much is the Yard worth now.
Was the £10,000 used to buy your share of the yard?
Clare
Customer: replied 2 years ago.
Hi Clare
The house is half rent qUarter mine and quarter his value 245k is the total cost of the house.
The 10k was to help my mum out of her deat.
The yard was worth 80k a few years ago but not shore now .
Expert:  Clare replied 2 years ago.
Hi
how was the yard paid for?
Clare
Customer: replied 2 years ago.

My mum bought the yard and my dad built the stables ext and my mum sighed half of it over to me
Expert:  Clare replied 2 years ago.
Hi
But at some stage joint monies of £10,000 were given to your mother?
Clare
Customer: replied 2 years ago.

Yep my ex borrowed 10k of of a very doggy bloke to help my mum out we paid it back in bits till it was paid off on the understanding that my mums field would be put have in my mums name and half in ought two kids name but this never happened and the field is not half in my mums name and half in mine. There is no paperwork showing any of this apart from the field being in my mum and I names.
Expert:  Clare replied 2 years ago.
Hi
Did the transfer into your joint names happen after this payment was made?
Clare
Customer: replied 2 years ago.

Yes it did but was about a year after
Expert:  Clare replied 2 years ago.
Hi
I am confused - are the yard and the field the same thing?
Clare
Customer: replied 2 years ago.

Sorry I'm righting this on behalf of my partner and I got confused the 10k was for my mums deat not the yard but on the con disjoin she put it in the children's names with never happened
Expert:  Clare replied 2 years ago.
Hi
Are the Yard and the field the same thing?
Clare
Customer: replied 2 years ago.

No they are seperate!
Expert:  Clare replied 2 years ago.
Hi
Excellent
How much is the field worth and who owns it?
Clare
Customer: replied 2 years ago.

The field is not valued as yet but was put in a friends name by my mum so no one can touch it hopefully
Expert:  Clare replied 2 years ago.
Hi
Sorry can we be clear.
The £10,000 was given from joint finds on the basis that the FIELD would be placed in the joint names of the mother and the parties children is that correct?
Clare
Customer: replied 2 years ago.

Sorry Clare
The 10k was borrowed from a very doggy friend my ex new witch we both paid off from our joint account in the understanding that our children's names would be put on the yard but this didn't happen and now the yard is in mine and my mums name.
Expert:  Clare replied 2 years ago.
Hi
The fact that the money was indeed paid and that there was an understanding that it would result in half of the property being transferred into the names of the children.
Instead it was transferred into your name
I am afraid that on that basis there is a real risk that the court could say that your ex has a small financial interest in the yard - but it could be as limited as £5,000
Please understand that this is just a view based on the information given - and your ex may well feel that wasting money to pursue £5,000 i snot worthwhile
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare
Sorry been busy thanks for your help.this issue was manny years ago and the yard was then gifted to me but I think he thinks as he put his time into the yard he is in titled to some of the yard!
Am I right in thinking that the house we own quarter watch he will have to continue paying for until our kids leave full time education although I'm trying to bye him out?
Expert:  Clare replied 2 years ago.
Hi
Is your new partner also living at the property - if so then I am afraid that you can't assume that any order for sale will be delayed - not does he have to continue paying the mortgage - all he has to pay is the child maintenance
Clare

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